The ban on smoking within range of 15 metres of all indoor and outdoor Scottish hospital grounds that was decided and imposed by the Nicola Sturgeon government last September 2022 was not followed by patients and hospital staff and most vividly by the disabled as it has been described as a failure.
The Scottish Autonomous Government last year in September imposed a smoking ban within 15 meters of all indoor and outdoor hospital areas, forcing smokers who work or are being treated as patients in hospitals further afield into residential areas to smoke, which proved impossible to happen and be put into practice. Fines were not taken from smokers who were most vividly among the disabled and others who are in need.
Smoking in hospital premises, whether indoor or outdoor, has been banned by law since 2017 across the UK. Nicola Sturgeon’s Scottish local government, however, decided last September 2022 to extend the 15m border ban on hospital premises, regardless of whether they are external, and failed to enforce the legislation on disabled people, and other patients who fled to the edge of the hospital.
An official of the minority Conservative party in Scotland stated that “The SNP grabbed easy headlines with this policy announcement, but they have failed to follow through and guarantee it is being enforced. Improving the health of people outside hospital grounds was a positive step forward, but people will feel they can flout this ban if fixed penalties and fines are non-existent.”
A UNISON spokesman who opposed the new type of ban said that “We support all efforts to reduce smoking in Scotland, and NHS staff know more than anyone the benefits we all get from living in a smoke-free environment. However, hospitals are extremely busy and staff are dealing with the worst waiting lists and waiting times since devolution. Rules mean that NHS staff have to spend precious time enforcing them when they have more important things to be doing, like providing care for patients. And NHS staff who smoke, like everyone at work, should be allowed to do so, outside, on their break.”
The Forest Association of lifestyle choices issued a statement saying that “Smokers’ rights group Forest yesterday welcomed confirmation that no fines or penalties have been issued outside hospitals. The organisation – primarily funded by the tobacco industry to fight “excessive regulation” – claimed the crackdown “discriminates” against elderly and infirm patients who enjoy sparking up. Director Simon Clark also branded fines for breaching the ban “disproportionate”: “Hospitals can be stressful places and punishing patients for a habit that may bring them comfort seems disproportionate when there’s no evidence it’s harming anyone but themselves.” He added: “If NHS managers are putting common sense and compassion ahead of heavy-handed enforcement they should be applauded”.”
Action on Smoking and Health Scotland (ASH Scotland) chief executive Sheila Duffy said that “It is vital that all people, particularly those within NHS healthcare settings, are protected from the harms of toxic tobacco smoke. We hope that most people who smoke will be considerate in remaining outside the 15-metre perimeter of NHS hospital buildings to keep the smoke from drifting in through doorways, windows and vents. Fines are a last resort and Scotland’s indoor smoke-free laws worked so well because people understood and respected them. I would hope everyone understands why it is important to clear the air in hospitals and give patients the best chance of effective treatment and recovery.”
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